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December 2024 Newsletter

Michigan's medical liability reform laws threatened by rushed legislation In a rush to pass legislation backed by personal injury lawyers, Michigan lawmakers risk dismantling existing laws that have stabilized the state’s health care environment for three decades....

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November 2024 Newsletter

Socializing and improving safeguards against liability Social media presents unique risks for health care professionals, making well-crafted policies essential to mitigate growing liability concerns. Physician’s Weekly presents a podcast series offering fresh...

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Current Medical Liability Laws

 

Damage Caps None. $500,000 damage cap overturned, North Broward Hosp. Dist. V. Kalitan, 219 So.3d 49 (Fla. 2017).
Joint Liability Reform Yes. Defendants are responsible only for their proportionate share of negligence.
Collateral Source Reform Yes. The court must reduce damages by the amounts paid to the claimant from collateral sources. If a right of subrogation exists, there is no reduction in damages. Benefits received by the government sources are not considered collateral benefits.
Attorney Fees Limited Patients receive 70% of the first $250,000 awarded and 90% of the remainder of the award. Attorneys will still get payment for court and witness expenses. Patients may waive contingency fee limits.
Periodic Payments Permitted Yes. For future economic awards exceeding $250,000, the court must order periodic payments at the request of any party unless the court determines that manifest injustice would result to any party.